Articles
It’s 5 a.m. and Snowing; Do You Have to Pay Your Employees Even if You Keep Your Business Closed?
*** We originally published this article in February 2013. Almost a year later, the Midwest is in the middle of another major winter storm, with more snow likely to come before spring arrives. Accordingly, this is a perfect opportunity to republish this time-sensitive...
Federal Judge Stops FLSA Overtime Rule From Going Into Effect Dec. 1
A federal district judge has issued an injunction that the U.S. Department of Labor’s final rule increasing the minimum salary level to qualify for “exempt” status under the FLSA will not take effect as scheduled for Dec. 1, 2016. Judge Amos Mazzant of the U.S....
Pesky Covenants: Good Governance and Good Neighbors
In any condominium or subdivision where restrictive covenants bind all owners in a common scheme, some owners will naturally dislike or complain about certain covenants and restrictions that they feel are unfair or should not apply, at least for that particular owner!...
Court Ruling Expected Soon On Challenge to FLSA New Salary Test
A ruling is expected to be issued soon from a United States District Judge of the United States District Court for the Eastern District of Texas concerning a legal challenge to planned implementation on December 1st of the new salary test under the Fair Labor...
FLSA Overtime Changes Complicate FMLA Leave
A tricky connection between the Family Medical Leave Act (FMLA) and overtime is just one more thing with which employers need to be aware with the change to the Fair Labor Standards Act (FLSA) salary test that takes effect December 1, 2016. Beginning in December, an...
U.S. Supreme Court Upholds $2.9 Million Verdict For “Donning and Doffing” Violation Under Fair Labor Standards Act
The U.S. Supreme Court recently upheld a class action decision in favor of employees who sought overtime pay for time spent “donning and doffing” protective gear at a pork processing plant, pursuant to the Fair Labor Standards Act (FLSA.) The employees at a Tyson...
Finding the Truth in Cyberspace: Is a Posting Opinion or Defamation?
There are over 1 billion websites on the World Wide Web today being accessed by over 3 billion internet users. The proliferation of cyberspace matters most when you or your company is the subject of a posting on a blog, online review or social media site. Some...
Homeowner’s Association’s Attempt to Terminate Contract Falls Short; Compliance with Specific Notice Provisions Required
Everyone has wanted to get out of a contract at some point. Some contracts contain provisions to terminate the contract as long as certain conditions are met. It is important to comply with these provisions when terminating a contract or a court may find that the...
Missouri Employers Required to Give Time-Off for Voting… Sometimes…
With the upcoming Presidential Election looming, some people may still be determining which candidate will get their vote, but others are more concerned with finding the time to actually get to the polls. Did you know that there are state laws that require employers...
Politically Speaking: Condominium and HOA Restrictions on Political Signage
As the nation inches closer to the 2016 presidential election, differences of opinion emerge in the form of political signs scattered across neighborhood lawns all over America. Occasionally, these signs lead to differences of opinions between community associations...
Liability of Successor-in-Interest for Assessments
The Missouri Court of Appeals recently addressed a condominium declaration's provision that purportedly obligated a successor-in-interest to a unit to remain liable for the prior owner’s unpaid condominium assessments. In that case, the condominium association...
New Overtime Rule Doubles Minimum Salary for Exemption; Takes Effect Dec. 1, 2016
The most significant change in years to the Fair Labor Standards Act will require that an employee paid $913 a week (or $47,476 per year) or more be exempt from overtime pay. Currently, employers are exempt from paying overtime for employees who make more than $455...